Copyright? More like copywrong … amirite?!

Last week the homeowners to the North, The Roberts (Rainbow Spirit LLC), threw a monkey wrench into our application to fix up and reclaim the public land known as Hidden Beach.

Having previously conducted a land survey and submitted it to the City as part of a permit application, the Roberts’ lawyers argued that FOHB can’t use that survey in our own application for park improvements … even though the City itself provided the Roberts’ survey to FOHB. Rainbow Spirit LLC argued the survey was copyrighted.

But turns out the Rainbow Spirit LLC does not always lead to a pot of gold (except, perhaps, for their lawyers). The City has responded that survey is public once it’s submitted to the City, so we are free to include it in our application materials.

SDCI’S REPLY TO RAINBOW LAWYERS

Hello Jacquie 

Thank you for your patience as I investigated the concerns raised regarding the survey commissioned by the Roberts and included in a plan set (page 3) submitted as part of the shoreline substantial development permit (MUP No. 3041461-LU).  As stated in your email, the Roberts did not give the applicant permission to include the survey in their submittal material.  

After some discussion and staff research we find no authority in either the Seattle Residential Code or the Seattle Zoning code (Title 23 of the Seattle Municipal Code) for the City to remove the survey from the submitted documents.  We would of course follow any order from a court with jurisdiction but absent this, there is no basis upon which to grant this request.

If you have further questions, please feel free to reach out to me.

SDCI